Impact of US Supreme Court Affirmative Action Decision on Corporate DEI, Part 2

In my last blog post, I shared the worrisome implications of the recent US Supreme Court ruling on affirmative action for corporate DEI. However, corporate DEI efforts can remain quite resilient, even if the law continues to evolve in a conservative direction.

This is for three reasons: first, anti-discrimination laws not only allow but at times mandate action. Second, the evidence is clear: diversity, equity and inclusion lead to higher performance. Third, organizations that are serious about diversity, equity and inclusion implement systemic DEI strategies – strategies that embed fairness, inclusion, and opportunity into the fabric of an organization. These strategies don’t rely on quotas, and they not only address challenges to achieving diversity, equity and inclusion, they often benefit everyone in the company.  Systemic DEI strategies are less susceptible to legal challenges and can continue to thrive even in a more conservative legal environment.

According to a recent Harvard Business Review article, systemic DEI practices can be divided into three categories:*

Reducing the influence of bias – conscious or unconscious – in HR practices, from hiring to compensation to promotions.  Corporations employ multiple tactics including conducting structured interviews with consistent interview questions, doing away with employee referral programs, offering anti-bias training, making promotion processes more transparent, and reviewing compensation for equity across the organization and amending where appropriate.

Promoting equity and access using policies and practices to address needs or challenges that may disproportionately affect underrepresented populations. Examples of this type of DEI practice include implementing flexible work options, recruiting from a diverse set of colleges and universities, expressly inviting candidates to apply even if they meet most but not all posted job requirements, creating mentorship or sponsorship programs, and opening an office in a location with a higher percentage of talent from underrepresented populations.

Fostering a culture of inclusion, belonging, and psychological safety for all. For example, supporting employee resource groups, training leaders and employees on inclusive behaviors, having teams create “inclusion team charters,” and holding leaders accountable for maintaining an inclusive team climate.

The Supreme Court’s affirmative action decision does not mean the end of corporate commitments to promote diversity, equity and inclusion. Although the ruling creates additional challenges and is a setback to DEI efforts, the range of practices outlined above are resilient because they promote equal opportunity under the law and are less susceptible to legal challenge than quotas.

I maintain a guarded optimism in the face of the recent high court ruling and anticipated future rulings. There is no legal reason to dismantle systemic DEI practices, and there are plenty of business reasons to maintain and accelerate them. DEI work isn’t a given, however, and it won’t automatically continue. Organizations must consciously maintain their commitment to DEI efforts to continue to create more diverse, equitable, inclusive and high-performing workplaces. It is time to double down and fully integrate equitable and inclusive practices into each workplace. These efforts will enhance fairness and performance for individuals, companies and society alike. Adelante!